BW INSIGHTS

Vaccinations in the Workplace

By Danielle Smid | 08.12.2021

As the COVID-19 Delta variant spreads, many employers are becoming increasingly concerned about the health and safety of their workforce and have again begun looking toward additional safety measures to combat COVID-19 in the workplace. Such measures include but are not limited to mandatory vaccinations (showing proof of their vaccination status)... Read More

NCAA Name, Image, and Likeness ("NIL") Policy Brings Opportunities and Legal Challenges for College Athletes

By William Daniel | 07.26.2021

On July 1, the NCAA announced that college athletes can now benefit from their name, image, and likeness (“NIL”). This drastic shift in NCAA policy brings all sorts of previously unthinkable opportunities for college athletes; however, this new world also brings many areas of concern for athletes, particularly from a legal standpoint. Athletes who... Read More

BrownWinick Collects More Than 5,500 Diapers to Support Local Refugee Families

By BrownWinick | 07.26.2021

BrownWinick’s Community Engagement Committee recently held a diaper drive in collaboration with Bethany Christian Services in support of the Start Small Project in Des Moines. Start Small Project is a community effort to help fill a specific yet impactful need: diapers for refugee and immigrant families in the Des Moines area. Every single box of... Read More

Iowa Water Quality Lawsuit Dismissed by Supreme Court

By BrownWinick | 06.30.2021

A lawsuit brought against the State of Iowa alleging that the State – and various departments and officials – has failed to sufficiently protect the public’s use of the Raccoon River was ultimately halted by a divided Iowa Supreme Court earlier this month. The lawsuit, initially brought forth by Iowa Citizens for Community Improvement (“ICCI”) and... Read More

Iowa Supreme Court Clarifies Iowa Civil Rights Act Individual Liability, Disability Discrimination, Failure to Accommodate, and Retaliation Standards

By BrownWinick | 06.28.2021

On Friday, June 25th, the Iowa Supreme Court filed a decision addressing several issues under the Iowa Civil Rights Act. In Rumsey v. Woodgrain Millwork, Inc., a discharged employee filed disability discrimination and retaliation claims against his former employer. The employee was injured at work in early 2015, and the employer provided the... Read More

Iowa Supreme Court Decides Key Iowa Drug and Alcohol Testing Law Questions, Provides Leniency to Iowa Businesses

By BrownWinick | 06.25.2021

This morning, Friday, June 25, 2021, the Iowa Supreme Court filed decisions in two cases involving Iowa’s private sector drug and alcohol testing law. Under the decisions, Iowa employers will not be held liable for violating Iowa’s private sector drug and alcohol testing law so long as they “substantially comply” with the provisions of the law.... Read More

OSHA Issues Emergency Standard for Health Care

By BrownWinick | 06.22.2021

On June 10, 2021, the Occupational Safety and Health Administration (OSHA) released an Emergency Temporary Standard (ETS) establishing heightened COVID-19 workplace safety regulations for most healthcare providers in the United States. In addition to workplace safety requirements, the ETS also reincarnates mandatory paid time off for employees,... Read More

Date of First Use Anywhere

By Jordan Meggison-Decker | 06.21.2021

There are two dates that must be specified in every trademark/service mark application. They are, the date of first use anywhere and the date of first use in commerce. TMEP 903.03. The date of first use anywhere will always be earlier than or the same as the date of first use in commerce. Id. The date of first use anywhere is the date when goods... Read More

New EEOC Guidance on Vaccinations

By Danielle Smid | 06.21.2021

As Americans continue to be vaccinated in the wake of the COVID-19 pandemic and pursuant to CDC recommendations, the Equal Employment Opportunity Commission (“EEOC”) updated its COVID-19 guidance on May 28, 2021, regarding employers and COVID-19 vaccines. The new EEC guidance on vaccinations update is in the form of Q&As relating to mandatory... Read More

OSHA Issues New Standards for Healthcare Employers and Updated its Guidance for Non-Healthcare Employers Regarding COVID-19

By Danielle Smid | 06.13.2021

On June 10, 2021, the Occupational Safety and Health and Administration (OSHA) issued new standards for healthcare employers and updated its guidance for non-healthcare employers regarding COVID-19. For non-healthcare employers, the updated guidance relies on and is consistent with the CDC’s recent recommendations that fully vaccinated people may... Read More